Music Law in the Digital Age: Copyright Essentials for Today's Music Business

Music Law in the Digital Age: Copyright Essentials for Today's Music Business

by Allen Bargfrede
Music Law in the Digital Age: Copyright Essentials for Today's Music Business

Music Law in the Digital Age: Copyright Essentials for Today's Music Business

by Allen Bargfrede

Paperback(Revised)

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Overview

(Berklee Press). With the free-form exchange of music files and musical ideas online, understanding copyright laws has become essential to career success in the new music marketplace. This cutting-edge, plain-language guide shows you how copyright law drives the contemporary music industry. By looking at the law and its recent history, you will understand the new issues introduced by the digital age, as well as continuing issues of traditional copyright law. Whether you are an artist, lawyer, entertainment Web site administrator, record label executive, student, or other participant in the music industry, this book will help you understand how copyright law affects you, helping you use the law to your benefit. * How do you get fair compensation for your work and avoid making costly mistakes? * Can you control who is selling your music on their website? * Is it legal to create mash-ups? * What qualifies as fair use? * How do you clear another artist's samples to use in your own recordings? * What is the Creative Commons/Copyleft movement? * How do you clear music for use in an online music service or store? * Who decides who gets paid how much and by whom? You will learn the answers to these questions as well as: * The basics of copyright law, looking at the Copyright Act while explaining it in plain language * How revenue streams for music are generated under copyright law * The reasoning behind high-profile court decisions related to copyright violations *What licenses are needed for the legal online delivery of music * The intricacies of using music on sites like YouTube, Pandora, and Spotify * Deficiencies in current copyright law and new business model ideas

Product Details

ISBN-13: 9780876391730
Publisher: Hal Leonard Corporation
Publication date: 05/01/2017
Edition description: Revised
Pages: 208
Sales rank: 676,584
Product dimensions: 5.80(w) x 8.90(h) x 0.60(d)

Table of Contents

Author Note viii

Acknowledgments ix

Introduction x

Chapter 1 History of the Music Industry and Copyright Law 1

Music Formats 1

Why Is Copyright Important to Music? 13

Chapter 2 Copyright Law Basics 16

Duration of Copyright 23

Transferring Copyright 24

Termination of Transfer 26

Filing and Deposit Requirements 28

Notice 30

Enforcing Copyrights 30

Defenses Available in Infringement Actions 34

International Protection of Copyright 40

Chapter 3 Copyright in Music 42

Musical Works 43

Music Modernization Act 48

Sound Recordings 51

Traditional Model for Television, Film, and Video Game Licensing 56

Sampling, Mash-Ups, and Editable Tracks: Do You Need a License? 57

Chapter 4 What Is a "Copy" and What Is a "Performance"? 60

What Is a "Copy"? 60

What Is a "Performance"? 63

Chapter 5 Musical Works 65

Writers and Publishers: Copyright in Music Publishing 65

2019 EU Directive on Copyright in the Digital Single Market 72

Chapter 6 Sound Recordings 73

Chapter 7 Touring and Artist Management 80

Chapter 8 Copyright and the Changing Distribution of Music 83

Who Is Making Money in the "Digital Music Industry"? 87

Chapter 9 Digital Music Delivery Formats 89

Permanent Downloads 90

On-Demand Streams 94

Tethered Downloads 99

Internet Radio 101

Ad-Supported 104

Free/Promotional/Upsell Offerings 105

Payouts 106

Chapter 10 CRB Rate Decisions and Royalty Payments 110

What Is the CRB? 110

Who Are the Typical Parties in a CRB Hearing? 110

Mechanical Royalty Rate Setting Under Section 115 111

2009 Settlement 112

2012 Settlement 112

Webcasting Royalty Rate Setting 113

2016 Settlement 114

Chapter 11 Gaps in Copyright Law 115

Significant Litigation 117

Metro-Goldwyn-Mayer Studios Inc., et al. v. Grokster, Ltd., 545 U.S. 913 (2005) 120

Viacom international Inc. v, YouTube, Inc. 122

Lack of Copyright Registries 123

Chapter 12 DMCA/Copyright Law Reform 124

The DMCA and the Music Business 126

EU Safe Harbor Reforms 130

Creative Commons and the "Copyleft" Movement 132

Transfer of Value 134

Chapter 13 UGC, NFTs, Al, Livestreaming, and More 136

Chapter 14 Overseas Licensing/Challenges of Operating in a Global Environment 141

EU Directives for Standardization 141

Chapter 15 How to Start an Online Music Service 144

Appendix A Abbreviations 147

Appendix B Performing Rights Organizations and Related Companies 148

United States 148

International Performing Rights Organizations 150

International Trade Associations 155

Appendix C A&M Records, Inc. v. Napster, 239 F.3d 1004 (9th Cir. 2001, excerpted) 158

Appendix D Metro-Goldwyn-Mayer Studios Inc., et al. v. Grokster, Ltd., 545 U.S. 913 (2005, excerpted) 168

Appendix E Payment Flows in Digital Music 172

Revenue Streams for a Writer/Publisher 172

Record Label/Revenue Streams for a Sound Recording Copyright Owner 173

Appendix F Helpful Documents 176

Artist Checklist 176

Songwriter Checklist 177

Sample DMCA Takedown Notice 178

Index 179

About the Author 189

Online Sample Contracts

Co-Publishing Agreement Sample

Management Agreement Sample

Master Recording License Agreement: Net Receipts Model Sample

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